Mukesh S/O Bandu Titirmare v. Maha. State Road Transport Corp. Thr. Divisional Controller

2024:BHC-NAG:3839-DB 1 MCA767-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR M.C.A. (REVIEW) NO. 767/2023 IN WRIT PETITION NO. 901/2019 (D) (MUKESH BANDU TITIRMARE VERSUS MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, BHANDARA) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.A. Nerkar, counsel for the applicant.

Shri V.H. Kedar, counsel for the non-applicant. CORAM : NITIN W. SAMBRE AND ANIL L. PANSARE , JJ .

D ATE : APRIL 01 , 202 A prayer is made for causing review of the order dated August 29, 2022 passed in Writ Petition No. 901 of 2019. 2.

This Court while dealing with the claim raised in the aforesaid writ petition had recorded the satisfaction based on the communication dated August 26, 2022 and had disposed of the writ petition. By the present review application, the applicant has sought payment of back wages alongwith consequential benefits.

3.

During the course of arguments, the counsel appearing for the nonapplicant has placed on record the communications dated March 27, 2024, March 30, 2024, the statement of the wife of the applicant so also the certificate issued by the Sarpanch of the Gram Panchayat so as to show that the applicant can be said to be entitled for the salary for the period from July 03, 2017 to August 29, 2022 with consequential benefits like that of the rise in the salary, etc. It is stated that the decision is taken by the non-applicant to that effect in view of the fact that the applicant was not found to be in the gainful employment in view of the aforesaid documentary material placed on record. 4.

In response to the Court's query, Shri V.H. Kedar, learned counsel appearing for the non-applicant has made a categorical statement that all the entitlements which are payable to the applicant as against his service for the period from July 03, 2017 to August 29, 2022 shall be released within a period of four weeks from today.

2 MCA767-23.odt 5.

Since the said statement is made on instructions, the same is accepted. 6.

As such, in view of aforesaid statement which is recorded as an undertaking to the Court, the miscellaneous civil application is not pressed and the same stands disposed of.

(ANIL L. PANSARE, J.) (NITIN W. SAMBRE, J.) APTE